Articles

The materials on this page have been generated from Fisher Phillips attorneys and other reliable sources to inform and address the rising concerns of employers regarding the USDOL's new rules on overtime pay. We will be updating the resource center on a regular basis.

In the article, “Sexual Orientation Discrimination Claims Under Title VII Won’t Be Dismissed,” featured in The Legal Intelligencer Todd Ewan and Benjamin Mann discuss the impact of a recent U.S. District Court for the Western District of Pennsylvania decision expanding the scope of Title VII. They discuss how the court reached its decision and how the case fits into the big picture moving forward.

In the article, "How Your Workplace Scene Could Change Under New White House," featured in Columbus Business First, Kevin Hess examines the impact of a Trump administration on the nation's employers. He focuses on eight areas - immigration, labor relations, data security, U.S. Supreme Court, pay equity, employment leave, workplace safety and wage and hour.

In the article, "Workplace Laws Most Important For Entrepreneurs And Emerging Companies In 2017," featured on Young Upstarts, attorney Jason Brown discusses some of the most common concerns that impact entrepreneurs and emerging companies.

In Kathleen McLeod Caminiti and Sarah Wieselthier's article, "Pay Equity and the New EEo-1 Reporting Requirements," featured in New Jersey Law Journal, attorneysdiscuss the Equal Pay Act (EPA) and the Equal Employment Opportunity Commission (EEOC) approved changes to the Employer Information Report, commonly known as the EEO-1, which for the first time will require employers with 100 or more employees to report pay data.

In the article, “7 Workplace Changes to Expect From a Trump Presidency,” featured in Multi Briefs, Partner Bert Brannen provides some quick predictions on what a Trump administration could mean for workplace law and the nation's employers.

In the article, “What Trump's victory means for New York City employers,” featured in the New York Business Journal, Partner Michael Marra addresses why President-elect Trump’s positions on immigration reform and enforcement should be top of mind, as New York City’s employers consider the ways in which a Trump presidency may impact their businesses and their city.

In the article, “How to Fire an Employee the Right Way,” featured in Thinking Bigger, Partner Jim Holland provides employers with tips on how to fire an employee the right way, to avoid litigation and to sleep better at night.

In the article, “Transitioning to a Trump Administration: What It Could Mean for the Department of Labor and OSHA,” featured in EHS Today, Partner Ed Foulke, Former Assistant Secretary of Labor, shares his thoughts on what to expect in the first few months of the Trump administration.

In the article, “Tackling OSHA Inspections: Lessons from Current and Former Northwest Football Coaches,” featured in Oregon Beer Growler magazine, Attorney Chris Morehead examines key strategies and philosophies utilized by local football coaches that can be applied to creating a safe workplace and managing a visit from OSHA.

In the article, “Into The Breach: How To Prevent Data Breaches And Respond To The Aftermath,” featured in 4 Hoteliers, Attorney Usama Kahf addresses why employers should prepare for disastrous data security breaches by implementing best practices for protecting private information from both outside hackers and trusted insiders alike.

In the article, “What Separates Clinton, Trump on Four Key Questions for Business,” featured in Columbus Business First, Attorney Curtis Moore examines Hillary Clinton and Donald Trump’s stance on four key issues: Affordable Care Act, federal minimum wage, paid family leave and labor policy reform. He also discusses what their proposals would mean for employers, including those in Central Ohio.

In the article, “10 Mistakes Employers Make When Training Managers and Employees,” featured in Multi Briefs, Partner Bert Brannen highlights some of the most common mistakes businesses make when training managers and employees so that you can avoid them in your future training offerings.

In the article, “The Case for the Employee Handbook,” featured in HR Professional Magazine, Attorney Courtney Leyes examines some of the basic policies that every employee handbook should include and provides employers with five steps to complete after they have finalized or updated their employee handbook.

Experts now report that the modern workplace may soon have employees ranging in age from 18 to 80. With fresh-faced newcomers coming into the workplace where the established middle generation dominates the decision-making, can the workplace weather the inherent differences? Each generation in the workplace brings different value judgments, stereotypes and workplace-based aspirations. These differences form the basis for potential conflict. What can management do in order to overcome these differences and create a workplace that fosters productivity and intergenerational harmony? Knowing what motivates each group is the first step in the right direction.

In the article, “Navigating the Legal Landscape of New Department of Labor Regulations,” featured in Crain’s Cleveland Business, Partner Jeff Smith examines four areas that demand employers’ immediate attention, in light of the Department of Labor’s new federal regulation changes.

The article “How the BeBee Social Network Aims to Get You Hired?” featured in The Philadelphia Inquirer, discusses why job-seekers now must project a personal brand through a well-curated online presence, especially for positions in highly selective fields or the "gig" economy.

In the article, “Sharpening the Whistle Blow,” featured on HR Executive Online, Partner Howard Mavity discusses how the Occupational Safety and Health Administration's efforts to increase whistleblower claims have culminated in its Whistleblowers Severe Violators Enforcement program.

In the article, “The Benefits of Mandatory Binding Arbitration Agreements With Class Action Waivers in the Gig Economy–They Are Not Just For Employees Any More,”featured in Business Law News, Attorneys Bob Yonowitz and Danielle Garcia explain why the distinction between an employee and an independent contractor is vital to the gig economy business model and contend that binding arbitration agreements with class action waivers may help stem the tide of litigation roiling the industry.

In the article, “Adapting to the New Department of Labor's Final Rule,” featured in the Hotel Executive, Attorney John Mavros reviews the basics for the most common exemptions from overtime under Federal law and also provides an executive summary of the key changes made by the Final Rule.

In the article, “Friends of the Court? Grad Student Organizing,” featured in The New England Journal of Higher Education, Partner Joe Ambash examines the challenges facing private university administrators, in light of the recent decision by the National Labor Relations Board (NLRB) in the Columbia University case, granting students who serve as teaching or research assistants at private universities the right to unionize.

In the article, “The Gig Economy: What is it, and How Will it Impact the Craft Beer Industry?” featured in Oregon Beer Growler magazine, Attorney Chris Morehead provides a brief overview of the Gig Economy and examines the possible effect it will have on the craft beer industry.

In the article, “Navigating the Gig Economy,” featured in the Memphis Business Journal, Attorney Rob Ratton provides an overview of the Gig Economy and highlights some of the challenges currently facing Gig companies.

In the article, “Seven Basic Elements of Successful Training,” featured in Multi Briefs, Partner Bert Brannen provides a few of the essential elements that manager and employee training programs should include to be successful.

In the article, “The Cultural Shift of Abandoning Tips,” featured in Women Chefs & Restaurateurs (WCR), Attorneys Wendy McGuire Coats and Rochelle Nelson discuss how the service industry is experiencing a shift away from tipping, in light of both social and legal concerns surrounding the practice.

In the article, “Talking Politics at the Office,” featured in the New Jersey Law Journal, Attorney Alvaro Hasani offers employers with steps to take to make them feel more comfortable in knowing that if (but more likely when) political discussions occur at work, the risk associated with these types of discussions is minimized.

In the article, “Brewpub Wage and Hour Issues,” featured in The New Brewer, Partner Todd Frederickson discusses what brewpubs can and should do to ensure they are in compliance with U.S. Department of Labor’s new regulations slated to take effect on December 1, 2016.

In the article, “Recent FLSA Changes: Pay Now or Pay More Later – What You Can Do To Minimize Your Risk,” featured in the Municipal Lawyer, Attorneys Larry Lee and Adam Brown provide public employers with advice on how to ensure they are in compliance with the Department of Labor’s new Fair Labor Standards Act overtime rules.

In the article, “An Employer’s Guide to Handling Missing, Incorrect TINs,” featured in Employee Benefits News, Attorney Melissa Shimizu provides employers with guidance on how to handle mismatched and missing TINs.

In the article, “Five Steps Employers Should Take to Prevent Workplace Violence,” featured in Crain’s Cleveland Business, Attorney Scott Gedeon provides employers with five proactive measures to help minimize workplace violence and related legal risks to ensure a safe workplace for their employees, customers, vendors and the general public.

In the article, “Experts Weigh in on Transgender Student Regulations, Pt. 4,” featured in Akron Legal News, Partner Sarah Moore examines transgender student-athlete policies that educators should consider when it comes to participation in athletic programs.

In the article, “NLRB Grad Student Decision Extends Beyond Unionization,” Attorney Amy Strauss focuses on the National Labor Relations Board’s long-awaited ruling which opens the doors for graduate and undergraduate students to unionize and bargain collectively concerning wages, hours and working conditions.

In the article, “OSHA’s New Recordkeeping Regulation,” featured in September 2016 issue of The GoodsMagazine, Attorneys Todd Logsdon and Chantell Foley provide an in-depth overview of OSHA’s new recordkeeping regulation and offer employers with tips to ensure they are in compliance.

In the article, “Final Rule for Implementing ‘Blacklisting’ Law Released,” featured in the Colorado Real Estate Journal, Partner Sue Schaecher provides an in-depth overview of the Fair Pay and Safe Workplaces Executive Order signed by President Barack Obama in July 2014.

In the article, “Three Handbook Policies to Rethink Immediately,” featured in the September 2016 edition of WCR, Attorneys Wendy Coats and Rochelle Nelson discuss three policies restaurants should consider removing from their employee handbooks immediately.

In the article, “Employers Swamped by Storm of Labor Regulation Changes,” featured in the Daily Report, Partner Bert Brannen reflects on the sweeping changes affecting every aspect of labor and employment law and the immense impact they will have on employers.

In the article, “12 Areas of Employment Law Training Your Managers Need,” featured in Multi Briefs, Partner Bert Brannen outlines the basic types of training managers should receive in the area of labor and employment law to effectively perform their jobs.

In the article, “When Work and Politics Collide, What Is an Employer to Do?” featured in the Daily Business Review, Attorney Dana Chang provides employers with advice on how to curb political conversations in the workplace.

In the article, “10 Ways Employers Can Curb Intermittent FMLA Leave Abuse,” Attorney Melissa Dials offers up a number of tools that employers can utilize to curb Family and Medical Leave Act (FMLA) leave abuse within the workplace.

In the article, “Understanding the Fisher Decision,” featured in the September 2016 issue of the Academic Leader, Partner Scott Schneider provides an in-depth overview of the Fisher v. University of Texas case in which the United States Supreme Court gave a lukewarm endorsement of the University of Texas’ affirmative action program geared towards attracting more students of color.

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